Особенности рассмотрения судебной практики по вопросам ответственности, возникающей по договорам железнодорожных перевозок

Abstract

The article is devoted to the consideration of the specifics of the carrier’s liability for the nonpreservation of cargo during its transportation by rail, transported under a contract of carriage. The grounds and nature of the carrier’s liability for loss, damage, and damage to cargo are analyzed. The reasons for which the carrier’s responsibility for the non-preservation of cargo during its transportation by rail is removed are investigated. The Civil Code of the Russian Federation in modern economic conditions is fundamental in the issues of cargo transportation when using railway rolling stock. Contracts for the carriage of goods by rail take into account a number of basic rights and obligations. One of the features of this type of contract is that it is confirmed by the issuance of a bill of lading. The conclusion of such contracts takes place between the shipper and the carrier. A unified approach to explaining the legal nature of such documents has not yet been defined. Articles 36 and 37 of the Customs Code of the Russian Federation contradict clause 3 of the Article on the obligation of the consignee to accept and pay for the goods (308 of the Civil Code of the Russian Federation). The solution to this problem is to consolidate the obligation to receive the goods and pay to the shipper.. The article discusses in detail a number of problems that may arise when signing agreements between the carrier and the shipper. Among them, such as those that relate to the prolongation of the delivery period of cargo by rail. Therefore, it is noted that the norm of the Civil Code of the Russian Federation is contrary to the Customs Code of the Russian Federation, which at the moment allows the conclusion of an agreement on increasing the delivery time of cargo. Consideration of issues related to liability, issues related to the regulation of railway transportation of goods on the basis of current legislation, and a thorough analysis of judicial practice are important, since they are used not only to improve and increase the efficiency of transportation itself, but also to ensure high-quality and reliable operation of railway transport.